Legal Question in Wills and Trusts in Florida
My husbands grandmother is in a coma and expected to die soon. He is her only heir. She left money in her checking account for him to pay her bills but he is not on the account. He has POA over her estate and medical. Can he legally wrtite a check on her account if she is stll "alive"? We live in two different states.
2 Answers from Attorneys
If his grandmother's DPOA is a standard Florida DPOA, yes, he can make payments for her consistent with his authority under the DPOA.. A review of the DPOA language is suggested. Also, if she dies, the DPOA is no longer in effect. Provisions of her will and/or trust govern the situation and administration of the estate.
I agree with Mr. Martin. I only add that the DPOA needs to be read to be sure you have the authority to withdraw funds currently needed for her use. I suggest you contact an attorney to go over this for you.
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